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The circumstances associated with this schedule are that the defendant is not a fugitive at the time of the remittitur application and he/she has not committed a crime while a fugitive.
In those case, where the Surety provided little or no Supervisory Effort and no Recapture Effort, a minimum remittitur is authorized under the following terms:

(a) The state is reimbursed its costs from the original bail;
(b) If the time at large is 6 months or less: 20% of the balance of the bail can be remitted;
(c) If the time at large is between 6 and 48 months: 5% to 20% of the balance of the bail can be remitted;
(d) If the time at large is over 48 months: 0% to 5% of the balance of the bail can be remitted.

A partial remission will be authorized where there was little or no Supervisory Effort and immediate substantial Recapture Effort or where the reverse of these two factors occurs, viz. good Supervisory Effort and little or no Recapture Effort. Under these circumstances, remittance computations follow:

(a) The state is reimbursed for its costs from the original bail;
(b) If the time at large is 6 months or less: 75% of the balance of the bail can be remitted;
(c) If the time at large is between 6 and 48 months: 20% to 75% of the balance of the bail can be remitted;
(d) If the time at large is over 48 months: 0% to 20% of the balance of the bail can be remitted.

A substantial remission can be granted, if the Surety maintained sufficient Supervisory Effort and made an immediate substantial Recapture Effort. In these cases, both the Surety and the government are authorized to obtain compensation for recapture expense. The range of potential remissions under these circumstances are:

(a) If the time at large is 6 months or less: 95% of the balance of the bail can be remitted;
(b) If the time at large is between 6 and 48 months: 75% to 95% of the balance of the bail can be remitted;
(c) If the time at large is over 48 months: 0% to 75% of the balance of the bail can be remitted.


Here, the presupposed facts are that the defendant is not a fugitive at the time of the motion to remit and a crime was committed by the defendant while a fugitive.

A minimum remission will be considered if there was a little or no Supervisory or Recapture Effort. Under these circumstances, the maximum remission is 10% of the bail remaining after the state is reimbursed its costs of recapture, irrespective of how long the defendant was a fugitive.

A partial remission can be available if the Surety maintained adequate Supervisory Effort and made an immediate and substantial Recapture Effort. In these cases, the state is reimbursed for its costs and the Surety may be entitled to the following remittitur options:

(a) If the time at large is 6 months or less: 40% of the balance of the bail can be remitted
(b) If the time at large is between 6-48 months: 10% to 40% of the balance of the bail can be remitted
(c) If the time at large is over 48 months: 0% to 10% of the balance of the bail can be remitted.

Where the Surety can establish an acceptable Supervisory Effort and Recapture Effort, a substantial remission can be considered by the court. Again, the state will be able to recover its recapture costs from the original amount of the bail. The Surety’s options are:

(a) If the time at large is 6 months or less: 40% of the balance of the bail to be remitted
(b) If the time at large is between 6-48 months: 10% to 40% of the balance of the bail to be remitted
(c) If the time at large is over 48 months: 0% to 10% of the balance of the bail to be remitted.

It must be recognized that the Guidelines are just a starting point for deciding the amount, if any, of a request for the remission of bail. In every application of this nature, the trial judge is required to carefully explore the record to determine if a departure is warranted and to articulate these findings as specifically as possible. It is imperative that a Surety engages an experienced trial lawyer to assist with the issues of this nature to insure a maximum recovery of your bail money.

If any assistance is needed in placing a bail bond, I would suggest contacting Ron Olzowy, one of the principals of Nationwide Bail Bonds located at 1135 Clifton Avenue, Clifton, New Jersey 07013. Ron is earnest and honest. He can be reached at (201)-473-8855 or visit at his website at www.usanationwidebailbonds.com.

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Frank T. Luciano, PC
147 Main Street, Suite 5
Lodi, NJ 07644
Phone: (973) 471-0004

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